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From Reddit: “Cousin just posted this from his facebook, guy tried to kick in his door only to be met with an ar-15 on the other side. He’s keeping him under citizens arrest till the cops arrive.”
I have two things to say about this:
- Good on the homeowner for being armed and willing to protect himself.
- How far downhill has our society slid that when someone is in fear for his life, his first instinct is to take a picture and post it on Facebook?
The good folks over at Carolina Shooters Club are having a discussion about the legalities of holding someone against their will in NC over in this thread. I was under the impression that there were not any provisions for persons who are not sworn law enforcement to hold someone against their will, but NCGS 15A-404 seems to apply here.
(b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
(d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e).
(e) Surrender to Officer. – A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)
Even with all this said, I don’t think posting pictures to Facebook while holding someone at gunpoint is a good idea.
Expanded the picture a little,can’t tell if he is black or hispanic. Possible gang banger. There should be damage to the door and/or door frame. He did not run away,could be looking for a free ride (aka:prison). Or he did not want to get shot in the back ,not thet the photographer would do that,being a law abiding citizen.
You never heard of “Citizen’s Arrest”?
http://en.wikipedia.org/wiki/Citizen%27s_arrest#United_States
There is no citizens arrest in NC, which is what I was referring to in the post, just the statute I referenced.
So NC calls it something different, it is still a citizens arrest. “A Rose by any other name….”